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The 2017 BA compensation thread: Your guide to Regulation EC261/2004

The 2017 BA compensation thread: Your guide to Regulation EC261/2004

Old Feb 22, 2017, 10:48 am
  #196  
 
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In my humble opinion, BA say no to all claims for compensation. A heavy landing is not uncommon, and is not extraordinary circumstances. Other threads here will tell you that often they will not pay out until threatened with the small claims court. Go through the process, get names and job titles of everyone you speak to, get to a Letter before action, and launch a small claims court action. You can research this by looking at existing threads.
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Old Feb 22, 2017, 10:51 am
  #197  
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Originally Posted by henkybaby
Frankly, doesn't matter at all. A heavy landing is not an excuse not to pay EC261. No matter what the date, route, destination etc.
I was asking so people could look up the details to provide accurate advice.

Many claimed 4 hour delays aren't 4 hour delays at all but a lot less due to perception of time.
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Old Feb 22, 2017, 10:54 am
  #198  
 
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ba78 from accra to london last saturday
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Old Feb 22, 2017, 10:54 am
  #199  
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Originally Posted by UKtravelbear
I was asking so people could look up the details to provide accurate advice.

Many claimed 4 hour delays aren't 4 hour delays at all but a lot less due to perception of time.
Agreed, but BA rejected the claim based on force majeur not covered by EC261 instead of simply saying the flight was not delayed enough. I made a deduction. I agree details always help but sometimes also cloud the issue.

Hard landing is within the control of the airline / normal operational issues so compensation is due.
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Old Feb 22, 2017, 10:56 am
  #200  
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You are being fobbed off. I would not mess around here. The time for playing Mr. Nice Guy with BA is long gone.

Send a short and concise letter, prominently headed "NOTICE OF INTENDED COURT ACTION", giving them 7 days to pay, then file the claim.

Edit: I notice the thread has been amalgamated. My advice pertains to hmlg's flight from Accra.

Last edited by The_Bouncer; Feb 22, 2017 at 11:05 am
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Old Feb 22, 2017, 11:20 am
  #201  
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Originally Posted by hmlg
ba78 from accra to london last saturday
While it's still available, these headline figures suggest a delay of 4:03. This isn't always 100% accurate, but it's usually good information.
Code:
Flight Status Search:
Departing on 18/02/17
Flying BA flight 78

Flight   Status           Depart Location  Depart Date                   Reliability  Arrive Location  Arrive Date
                          ACC              Scheduled: 18/02/17 23:00                  LHR              Scheduled: 19/02/17 5:30
BA 78    Landed           Term:            Estimated: 19/02/17 3:07      77% / 21m    Term: 3          Estimated: 19/02/17 9:33
                          Gate:            Actual: 19/02/17 3:07                      Gate:            Actual: 19/02/17 9:33
                                                                                      Baggage: 02
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Old Feb 22, 2017, 11:31 am
  #202  
 
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BA

i rang them back and sadly got the same customer relations agent - she has decided to send me a letter of final response.

see below

MCOL sounds scary so i suppose it is onto one of the solicitors.

Thanks for your time on the phone this evening. It was lovely speaking with you.

We really want you to fly with us again and we know not resolving your complaint fully will affect the decisions you make when you need to travel in the future. Iíve had a look at your claim for compensation and Iíve taken time to make sure our response is accurate and up-to-date.

Iím afraid our decision won't change and the information youíve received about the eligibility of your EU compensation claim is correct. As your flight was delayed due to heavy landing checks, weíre unable to offer you any compensation. I know this isnít the answer you were hoping for and Iím sorry to let you down.

Given the information we hold about your delayed flight, our answer wonít change and weíre unable to respond to any further requests for compensation.

If you would like to know more about EU compensation, simply click on the following link:

http://www.britishairways.com/en-gb/...n-compensation

We really do value your loyalty as a Silver member of our Executive Club and we look forward to welcoming you on board your flight to Venice.
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Old Feb 22, 2017, 12:07 pm
  #203  
 
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BA0337 11 Feb issue

Hi I am hoping someone can help.

I was due to fly ORL to LHR on BA337 on 11 Feb. The flight was due to leave 7.55pm but shortly before departure we were told some vehicle had come into contact with the aircraft and we would have to disembark for 1.5 hr delay. After 3 hrs (no updates or meal vouchers) we re-boarded to be told it was then too late to take off. There was complete disorganisation from BA and eventually was re-booked CDG to LHR next day and put up in hotel. I raised a claim via BA website on 12 Feb and today had response saying as I didn't travel on delayed flight BA337 on 11 Feb I am not entitled to compensation. It seems that the flight may have left around 1pm on 12 Feb but surely that is irrelevant as its effectively cancelled for 11 Feb and it was BA who put me on another plane. Am I missing something here or are they trying it on? Thanks for any help
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Old Feb 22, 2017, 12:26 pm
  #204  
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Originally Posted by flyoff
Hi corporate-wage-slave thanks for your research. I had followed a similar pattern with BAsource cancellations and then double checking those against flightstats. For an early foggy start there were the expected delays and cancellations early on.

What surprised me though was that the 1825 from MAD that I was on was the latest flight that day. There was no fog after 1100 so do you think this was LHR ATC asking for flights to be cancelled throughout the day?

On the 31st my flight first thing in the morning from LHR departed late to MAD (separate PNR) even though there was fog so was surprised I coudn't get back when there was no fog. I know the dedication you have made to flyertalk so respect your advice. I don't want to waste my time and others if you think there isn't a chance of a claim. is your reasoning that LHR were restricting traffic and I got unlucky to be one of the few flights cancelled later in the day?
I was booked on the outbound 460 which would've formed your 461. We were also told at LHR that it was cancelled due to fog, I was notified by IB at 09:14 for a 13:50 flight. IIRC a few other MAD rotations were impacted that day, they don't show up on The BA Source as they were IB operated I assume.
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Old Feb 22, 2017, 12:30 pm
  #205  
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Originally Posted by Boiks
Hi I am hoping someone can help.

I was due to fly ORL to LHR on BA337 on 11 Feb. The flight was due to leave 7.55pm but shortly before departure we were told some vehicle had come into contact with the aircraft and we would have to disembark for 1.5 hr delay. After 3 hrs (no updates or meal vouchers) we re-boarded to be told it was then too late to take off. There was complete disorganisation from BA and eventually was re-booked CDG to LHR next day and put up in hotel. I raised a claim via BA website on 12 Feb and today had response saying as I didn't travel on delayed flight BA337 on 11 Feb I am not entitled to compensation. It seems that the flight may have left around 1pm on 12 Feb but surely that is irrelevant as its effectively cancelled for 11 Feb and it was BA who put me on another plane. Am I missing something here or are they trying it on? Thanks for any help
Welcome to FlyerTalk.

Definitely trying it on with that excuse - and a ridiculous try. Regardless, you arrived over 3 hours late.
However, a vehicle coming into contact with the aircraft resulting in damage can be seen as a third-party action, therefore outside of BA's control. To press this point further they do not do their own ground handling at ORY.

As BA haven't stated that as the issue, you can certainly push back and state the obvious - that you were 3 hours late because of their delay. However keep in mind the other issue.
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Old Feb 22, 2017, 12:42 pm
  #206  
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Originally Posted by henkybaby
Frankly, doesn't matter at all. A heavy landing is not an excuse not to pay EC261. No matter what the date, route, destination etc.
They'll say the heavy landing was caused by a freak gust of wind, so it's weather related
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Old Feb 22, 2017, 1:41 pm
  #207  
 
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Originally Posted by BA6501
Welcome to FlyerTalk.

Definitely trying it on with that excuse - and a ridiculous try. Regardless, you arrived over 3 hours late.
However, a vehicle coming into contact with the aircraft resulting in damage can be seen as a third-party action, therefore outside of BA's control. To press this point further they do not do their own ground handling at ORY.

As BA haven't stated that as the issue, you can certainly push back and state the obvious - that you were 3 hours late because of their delay. However keep in mind the other issue.
Thanks for your help - I will reply to them on that basis and see what they say
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Old Feb 22, 2017, 1:51 pm
  #208  
 
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Originally Posted by Boiks
Thanks for your help - I will reply to them on that basis and see what they say
If they do try to argue that damage by a ground vehicle constitutes extraordinary circumstances, you should point them to the ruling of the ECJ in the case of Siewert vs Condor, which is here. Paragraph 19 is the key one.
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Old Feb 22, 2017, 2:15 pm
  #209  
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Originally Posted by Boiks
Thanks for your help - I will reply to them on that basis and see what they say
Just to welcome you too to Flyertalk Boiks, and the BA forum, it's good to see you here and I very much hope that you will continue to participate actively in this forum.

In addition to the excellent advice offered above, the reply you got is consistent with a known problem that we saw a few times in last year's thread: because they don't have you attributed to the flight, they haven't really looked into your case properly. I would indeed stick to just the basics, namely that you were on a flight that was cancelled the night before and were rebooked the next day, kindly review the booking in more detail, or some such. If the truck damage gets raised, then it may get more complicated, but stick to the basics at this point.
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Old Feb 22, 2017, 2:21 pm
  #210  
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Originally Posted by hmlg
MCOL sounds scary so i suppose it is onto one of the solicitors.
It shouldn't be scary, it was built to be a system used by people without lawyers. BA's system is to go through lawyers - as is the case across large companies - but they are unable to claim the cost of their fees through the Small Claims system, with very few exceptions. Equally, if you consult a lawyer, you won't get the cost of that back from the courts even if you win. When I say was built to be lawyer-free, it has to be send this particular edifice was constructed by lawyers, so I'm not able to say it is consumer friendly, unfortunately, though probably lawyers think it is!

So read up on the Small Claims process. It's very important to follow the guidelines carefully, double check everything, and do not take any shortcuts. You also need to respect the deadlines carefully, even if BA doesn't, and by all means reach out here for more help in this thread in terms of framing your claim or other specific details. In other words, it's mainly bureaucratic hassle, rather than anything intimidating.
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